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  #1 (permalink)  
Old 06-11-2009, 04:18 AM
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Default Truck Abandonment

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Been reading a lot on some of the post on "Truck Abandonment". A few things don't make sense to me.

A company can only play the 'We will put truck abandonment on you record ' game so far right?

As an example, If a person gives a company a two-week plus notice but they won't route the truck to one on their terminals.

Legally on the 15th day that driver is no longer an employee of that company right?

If he takes it to the nearest manned terminal on the 14th day and turns it in there, is this truck abandonment?

Surely a company can't hold a person captive on the truck till they get ready to stop playing their childish games can they?
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Old 06-11-2009, 04:49 AM
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They can do basically whatever they want. Usually based on some remotely related fact. Your DAC is only as good as the company that is reporting you. They can play all the games they choose to. W/a company playing that game, your best bet sometimes is to wait until you have a full tank of fuel, then head for the nearest terminal as you said.
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Old 06-11-2009, 08:05 AM
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When I gave US Xpress my notice they routed me to their yard in South Holland, IL with a load that was destined for Bolingbrook, IL. I was crossing Indiana when they called and asked if I could make the delivery first. I told them I didn't have the hours to make the delivery and I was going to South Holland. They threatened to claim that I quit under dispatch and abandoned my load. I told them to go ahead, I'd just show my next employer my pay stubs from them and nobody would ever question why I quit "under dispatch".

My DAC report is clear.
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Old 06-11-2009, 10:34 AM
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Default

Quote:
Originally Posted by Trucker574 View Post
--------------------------------------------------------------------------------

Been reading a lot on some of the post on "Truck Abandonment". A few things don't make sense to me.

A company can only play the 'We will put truck abandonment on you record ' game so far right?

As an example, If a person gives a company a two-week plus notice but they won't route the truck to one on their terminals.

Legally on the 15th day that driver is no longer an employee of that company right?

If he takes it to the nearest manned terminal on the 14th day and turns it in there, is this truck abandonment?

Surely a company can't hold a person captive on the truck till they get ready to stop playing their childish games can they?
as stated, they can and WILL play games for as long as they choose.

give a "seperation notice" of (say) 2 weeks.........then deliver the vehicle to ANY terminal they have.

downside here though, that person now NEEDS to find a way home from that point.......

some companies can even "play the game" of a driver stealing the rig, after giving notice of seperation, leading to an arrest when caught.

it depends on the company. this last scenario, was usually "played out" at a now (long gone) trucking company that i believe, was located in Somerset, Mass, just off Rte 6.

if you had ever called to get another advance towards your pay (to pay for tolls or whatever), they would call the local police and said you were stealing money, and when you pulled into the yard (the only terminal they had), at Somerset, Mass, the Somerset P.D. were there to present the driver with a pretty set of shiney bracelets..........

think that company didn't play games....?? they DID till they went out of business, but can you imagine all the false DAC reports they created.....??

if anyone lives in Mass, and knows the Somerset area, you might remember that company. this would have been any where's from (about) 1988 to (about) 2000.

i beleive it was at or near a gas station.
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Old 06-11-2009, 11:38 AM
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Default Dac / mvr

Sounds to me that a true trucking company then will take what's on a person's DAC with a grain of salt. Any professional company should know that it may or may not be true. Innocent until proven guilty I thought. At any rate, found an ex recruiter and he told me something that finally puts me on the right track. He said that their company mainly goes by the MVR when determining eligibility. Then IF something is serious on the DAC they VERIFY. He said many do just this and that I should pick ONLY those that do. He said that he’s going to email me a list of the ones that he knows operates like this.

As far as the more naïve companies that believe everything and think that they can do anything, is not slander illegal in most states? Especially if it leads to a hard ship like hindered one from another job?

I don’t know, I new at all of this, but seems to me that some of the low caliber companies think they’re either are above the law or smarter than the law or from a crack that they’re hiding in where it’s hard to prove that they’re breaking the law. At any rate, going to stick looking like he suggested me at companies that know most DACs are wrong and don’t naively believe it but verifies it.

Truckers can fight back in court can’t they?
Anyone know of a GOOD pre-paid legal firm for truckers?
Getting all of my ducks in a row before jumping into this. Tnx.
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Old 06-11-2009, 11:57 AM
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I have a friend that was terminated from USless XPRESS because he failed somehow to appear for a random drug test even though according to him the notification for the random was nowhere near an available (within the 3 hour time limit to arrive) facility.
He tried the "Clear your DAC report" thing for $159.00 PLUS had an Attorney do some stuff all to no positive result.
He is no longer driving OTR.
That was last year.
- - -
I had a report from a company in '00 about "Unauthorized use of equipment" on my DAC (which is similar to abandonment) and no employer since had ever questioned it.
I dead headed an empty Combo from Willington, CT., to Winston-Salem, NC (about 850 miles starting on a Saturday) because dispatch was full of imcompetent people (weekend crew) and they were unconcerned about my week ago alert to be home on the next Monday.
I got home by Sunday.
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